- (1.) Santosh Kumari respondent was married with Vinod Kumar respondent No. 2. They judicially separated by a decree for judicial separation dated Dec. 20, 1967 Vinod Kumar Sehgal appellant and Santosh Kumari respondent No. 1 married on, July 18, 1970. Santosh Kumari gave birth to two sons on October 4, 1971 and April 8, 1973, from Vinod Kumar Sehgal appellant. On April 20, 1971, Santosh Kumari filed a petition for dissolution of marriage by a decree of divorce under section 13 of the Hindu Marriage Act (hereinafter the Act) against Vinod Kumar respondent No. 2 in the Court of the Additional District Judge at Ludhiana and the same was accepted on August 24, 1971, and their marriage was dissolved by a decree of divorce.
(2.) On May 23, 1975, the appellant filed a petition for decree of nullity of his marriage with Santosh Kumari under section 11 of the Act alleging that their marriage on July 18, 1970, was a nullity inasmuch as Santosh Kuniari was already married with Vinod Kumar respondent No. 2 on that date.
(3.) Santosh Kumari respondent resisted the petition of the appellant. The trial Court framed the following issues : 1. Whether the petitioner (now appellant) knew about the previous subsisting marriage between respondent No. 1 and respondent No. 2 and as such, his present application is barred under section 23 of the Hindu Marriage Act ? 2. Whether there has not been any unnecessary or improper delay in instituting the present proceedings by the petitioner ? 3. Whether the present petition was not presented in collusion with the respondent?;